Consolidate MCQ 5 Flashcards
A claimant pharmaceutical company claims damages in the approximate sum of £20,000 against its defendant former employee. The claim is based on the alleged infringement of intellectual property rights in relation to a drug developed by the defendant whilst under contract and in the employment of the claimant. For the claimant, there is an important point of principle at stake and, as such, despite the relatively low value of the claim, the claimant requires the oral evidence of three separate expert witnesses and estimates that the trial will last two days. Which of the following statements most accurately describes the reasons behind and likely allocation of this claim?
A. The claim is most likely to be allocated to the fast track due to the value of the claim.
B. The claim is most likely to be allocated to the multi-track due to the importance of the claim to the claimant.
C. The claim is most likely to be allocated to the multi-track due to the complexity of the claim.
D. The claim is most likely to be allocated to the fast track due to there being only two parties to the claim.
E. The claim is most likely to be allocated to the multi-track due to the estimated length of the trial and amount of expert evidence required.
E. The claim is most likely to be allocated to the multi-track due to the estimated length of the trial and amount of expert evidence required.
The fast track is the normal track for any claim which has a value of not more than £25,000 as here (CPR 26.6(4)(b)(i)), but only if the trial is likely to last no longer than one day and the oral expert evidence will be limited to one expert per party in each of no more than two fields (CPR 26.6(5)). As this is not the case in the claim here, the multi-track is the normal, and therefore likely, track for this claim (CPR 26.6(6)).
A claimant’s breach of contract claim has been allocated to the multi-track. Seven days before the deadline for filing the budget (Precedent H) the claimant’s solicitors realise that they will not be in a position to file and exchange the costs budget in time because it has not been possible to work out all the costs for counsel and experts (as required by Precedent H). Leading Counsel on the case is currently involved in a complex trial overseas which is due to complete a few days after the deadline and as such has been uncontactable for a number of weeks. There have also been issues with the claimant’s expert witness who has been on holiday for the last 4 weeks. Therefore, the claimant’s solicitors feel it is necessary to make an application to the court for an extension of time of 14 days. Which one of the following statements is the most accurate as to the nature of the extension and whether it will be granted?
A. This is an in-time application for an extension of time (CPR 3.1(2)(a)) which is unlikely to be granted at all (even in part).
B. This is an application for relief from sanctions (CPR 3.9) and it is unlikely to be granted.
C. This is an in-time application for an extension of time (CPR 3.1(2)(a)) which is likely to be granted in full.
D. This is an in-time application for an extension of time (CPR 3.1(2)(a)) where although the court may grant the application, due to the fact that it will disrupt the conduct of the litigation, it is unlikely to grant it in full.
E. This is an application for relief from sanctions (CPR 3.9) and it is likely to be granted.
D. This is an in-time application for an extension of time (CPR 3.1(2)(a)) where although the court may grant the application, due to the fact that it will disrupt the conduct of the litigation, it is unlikely to grant it in full.
The application is an in-time application, the requested extension of time for filing the costs budget would take us to the same date as the deadline for filing the budget discussion report. In order to provide the parties with the opportunity meaningfully to discuss the costs budgets and file an agreed budget discussion report, (whilst not affecting the date for the CCMC and bearing in mind the Overriding Objective), the court is likely to grant the application but not provide the full extension of time sought by the applicant.
At the trial of a multi-track case of professional negligence lasting for 3 days, the following costs order is made: ‘The Defendant to pay the Claimant’s costs of the proceedings on the standard basis’. What is the court likely to do in relation to ascertaining the precise sum of costs to be paid?
A. The court will decide the amount of costs there and then by conducting a detailed assessment of costs.
B. The court will list a further hearing within 14 days to determine whether or not a detailed assessment of the costs will be required.
C. The court will make a summary assessment of the costs.
D. The court will make an order for fixed costs.
E. The court will order the costs to be the subject of detailed assessment, if not agreed.
E. The court will order the costs to be the subject of detailed assessment, if not agreed.
The court is most likely to order a detailed assessment of costs to take place in this multi-track case lasting for 3 days (CPR 44.6 and 44PD9.2). A summary assessment of costs is more likely to be ordered in a fast track case or at the conclusion of a hearing lasting not more than one day which does not apply here. A detailed assessment of costs by a costs officer takes place after the trial and costs are payable within 14 days of the date of the judgment if it states the amount (which it does not here) or, as in this case, if decided later, the date of the certificate which states the amount (CPR 44.7). Fixed costs (CPR 45) are not relevant to multi-track cases. The court is not likely to subject the costs to a detailed assessment or arrange a hearing of its own initiative.
Your client is the defendant in a breach of contract claim. The defendant wants to make an application to the court for security for costs against the claimant. Service of the acknowledgment of service has just taken place, indicating that the defendant intends to defend the claim.
What is the most likely costs order which the court will make if the defendant’s application is unsuccessful on the basis of lack of evidence?
A. A wasted costs order.
B. No order as to costs
C. Costs of the application to the defendant, in any event.
D. Costs of the application to the claimant, in any event.
E. Defendant’s costs in the case.
D. Costs of the application to the claimant, in any event.
This means the defendant will have to pay the costs of the unsuccessful application to the claimant. This would be the ‘usual rule’ given that the application has been unsuccessful (CPR 44.2 and 44 PD 4.2).
The claimant in a multi-track claim relating to breach of contract is preparing for a costs and case management conference which takes place in a month’s time. The claim is for £850,000 and the parties are agreed on the scope of disclosure, the witness and expert evidence required, the deadlines for the service of this evidence and all other timetabling issues arising in the dispute. The one issue that is not agreed is the parties’ respective estimates of likely costs. What documents must be filed by the claimant prior to (and in relation to) the costs and case management conference?
A. The costs budget, the budget discussion report, the electronic disclosure questionnaire and proposed directions.
B. The directions questionnaire, the costs budget, the budget discussion report, the disclosure report and agreed directions.
C. The costs budget, the budget discussion report, the disclosure report and agreed directions.
D. The directions questionnaire, the costs budget, the budget discussion report, the disclosure report and directions order.
E. The costs budget, the budget discussion report, the electronic disclosure questionnaire and the directions order.
C. The costs budget, the budget discussion report, the disclosure report and agreed directions.
This option is the most appropriate given that the parties appear to be in agreement over the areas to be covered by directions. The budget and budget discussion report (CPR 3.13), disclosure report (CPR 31.5(3)) and agreed directions (CPR 29.4) all need to be filed. The ‘directions questionnaire’ and ‘directions order’ are not documents prepared in anticipation of the costs and case management conference (26.3(6)).
